Legality of my Operation
- Thread starter dacaldera
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True....I guess it ultimately is determined by the lease agreement. Does it stipulate that the ONLY action that can take place in the said rental unit is activities that have to do with ceramics?
Nobody here knows for sure, of course, but stipulations that a commercial/industrial property only be used for the originally negotiated purposes are boilerplate-standard in leases of this sort. It would be strange if this lease didn't include similar language.
It's totally possible that the landlord wouldn't care. At the same time, there's no downside to asking. If he says no, that's a good sign that it would have been a very bad idea to do it behind his back, anyway.
ReverseApacheMaster
Well-Known Member
The brewing aspect may or may not be an issue. You can't really call it homebrewing when it's not done in the home.
As others have said, you need to talk to the tenant and make a joint decision to talk to a lawyer with the lease in hand and find out what is permitted. Your IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIPA aged on dog anuses (anii?) could end up costing your pal his business and a ton of money.
As others have said, you need to talk to the tenant and make a joint decision to talk to a lawyer with the lease in hand and find out what is permitted. Your IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIPA aged on dog anuses (anii?) could end up costing your pal his business and a ton of money.
I think homebrewing is a pretty loose term. I know of lots of clubs that have group brews that take place at a LHBS, brewery, parking lots, campgrounds, etc. I don't think it means strictly your house.
Pilgarlic
Well-Known Member
My company owns and leases a bunch of retail/office. I write the leases. I ALWAYS include a limitation on use "Lessor warrants that the premises will be used only for the purposes of a (insert business)." Violation constitutes a default under the lease.
Just for information, the law says that homebrew can not be consumed OR TRANSPORTED outside of the brewer's home. Home is specific in the law, as far as I know. The only exception is transport directly from the brewer's home to a competition. Is it legal to supply homebrew to a wedding that's not at your house? No. Is it likely to get you fined? Probably not. In a place where there are regular inspections being conducted by some sort of official, it's probably a good idea not to brew there.
Actually in CA that is not true...http://www.homebrewersassociation.org/pages/government-affairs/statutes/california
Homebrew can be removed and used in competitions, tastings, and judgings. I poured homebrew at a commercial beer festival last summer. I had the event organizer check with ABC prior to this and it was approved. My homebrew club was also there pouring homebrew. I think the reason it is allowed is that I am not selling it and I am only pouring 3 oz. tasters.
I agree with Rico. It's an honest, uncomplicated approach and good start. If the tenant is overwhelmed by possible legal ramnifications and doesn't want to dwelve into the hassle it might bring he can tell the OP to cease and desist homebrewing. The OP certainly doesn't sound like a fellow who would rebel against that decision as he has already stated his concern for the tennants well being.
Who here can brew beer at work? I know I can't, but I'm sure some of you may be able to. I'd just be careful with this one. As an EPA person, I can't throw away certain things at my work that I can throw away at home (the rules are different for homes vs. businesses). So the rules aren't easily transferable, even though it's obvious what the intentions are.
Good luck
Good luck
OP
OP
dacaldera
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Hi everyone,
Thanks for all of the input. It has been more than helpful and I definately need to stop until I get verification from the landlord. I have a copy of the lease in my hands right now and have reviewed it. It doesn't seem to say anything that would prevent me from homebrewing, as long as it is in accordinace with the law. The attached image is an excerpt from the lease of importance.
Thanks for all of the input. It has been more than helpful and I definately need to stop until I get verification from the landlord. I have a copy of the lease in my hands right now and have reviewed it. It doesn't seem to say anything that would prevent me from homebrewing, as long as it is in accordinace with the law. The attached image is an excerpt from the lease of importance.
Hi everyone,
Thanks for all of the input. It has been more than helpful and I definately need to stop until I get verification from the landlord. I have a copy of the lease in my hands right now and have reviewed it. It doesn't seem to say anything that would prevent me from homebrewing, as long as it is in accordinace with the law. The attached image is an excerpt from the lease of importance.
5.1 explicitly disallows any use but warehouse, distribution, and general office purposes. Sorry man. If you want to continue, it's really on you to talk to the landlord.
Yes, yes, yes.
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